Legal Question in Employment Law in California
Employer coersion of employee for voluntary resignation
Coercion of employee for voluntary resignation:I am a Teacher assistant at a private preschool. Scenario: Employer oks time off verbally. I buy plane tickets for those dates, I miss work due to medical reasons, recently employer recants approval 2 weeks before vacation and attempts to coerce me to resign due to the fact that they need to hire someone else. Employer insists I sign letter. Employer sends me to speak with her lawyer. I suspect employer wants to get rid of me because I am trying to get pregnant through assisted reproduction and that I will be missing days and she sees me working there as a potential legal liability if I have a failed pregnancy.
My questions are:
1. Do I have anything to lose by signing the letter of voluntary resignation
2. Do I have anything to gain by not signing the letter of resignation and probably getting fired.
Am I cutting my losses by refusing to sign? ie.In the event that I cannot find another job. Or is it best to sign? Am I going to create more problems by not signing. I don't intend to work there anymore because the director has offered me a 9-6 position that would prevent me from attending my college classes.
Thank You
1 Answer from Attorneys
Re: Employer coersion of employee for voluntary resignation
Lots of issues, and you need to consult with an experienced attorney about the actual facts in order to get an intelligent and informed opinion, which you are not going to get 'quick and dirty' over the internet. However: if you quit, you get no unemployment. If you're fired, it affects your future employability. If you can show more than speculation about the motive of avoiding your pregnancy problems, you may be able to make a case of discrimination. On that issue, feel free to contact me to discuss whether you have a case.
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